Motion to Dismiss Raises Personal Jurisdiction, Venue and Convenience

On the surface, it just says it’s a ruling on a motion to dismiss, or in the alternative to transfer venue, but under that plain exterior lurks  a detailed analysis of the defenses of personal jurisdiction (which is not, repeat NOT what you were taught in law school) , improper venue under  the general venue statute (and how to throw it away), and a motion to transfer under Section 1404.

So while it’s not exactly everything you need to know about these motions – it’s not the Magna Charta of venue law as Judge Heartfield once (well, maybe more than once) described his magnus opus Mohamed v Mazda, it’s still a thorough and useful recitation of the applicable standards.

Motion to Remand Granted

Many years ago when I was asked to prepare my first federal update paper, I called my federal courts professor from law school and asked him what people want to hear in a federal update.  He didn’t hesitate.  “Removal and remand.”  Why?  “Most lawyers don’t know anything about federal court and don’t want to be there.  The thing they want to know is how to get out.” So it’s always good to keep a few recent decisions on motions to remand handy, in case you fall into that category.  This recent opinion by Judge Mazzant fits the bill nicely, as it addresses a requirement few think about.

Equitable Remedies Under Ye Old Lanhame Acte

I’m sorry – I just can’t hear about a court “sitting in equity” without wondering whether everyone needs to reach in their briefcase and find their wigs.  (I realize a few may already have them on, and guys, your secret – such as it is – is safe with me). That’s probably not quite what it looked like in Judge Mazzant’s courtroom in Sherman when he pressed “enter” to paste his electronic signature on the opinion in this interesting Lanham Act case dealing with remedies. But a good exposition of the law is always welcome, so let’s see what happened here.

ABA article – “From plaintiffs to patients, Don D. Bush shifts careers at 70”

I wanted to flag this ABA Journal article on former EDTX magistrate Judge Don Bush’s “retirement” plans after leaving his magistrate judge bench in Plano last year.  After becoming a certified emergency medical technician and paramedic during his last months on the bench, Judge Bush now works weekly shifts at a nonprofit urgent care clinic with an ambulance service.

It’s not as weird as it sounds – when Judge Bush was in college before he headed out to Southeast Asia for a few years with the U.S. Army, he worked in a hospital as a lab tech.  His twin brother is a doctor and his son is an ER doctor. His son has been doing medical mission work in Haiti, and earlier this year he went to Haiti with his son, daughter-in-law and three of his grandchildren. He spent two days in the mountains and two in a village; and says that in four days, he saw around 700 people.   (Which is about what he often saw in Plano, now that I think about it).

I’ve known Judge Bush since my law clerk days when he was trying railroad cases in Marshall, and almost got to help try a case against him a few years after that.  I had several interesting patent cases in his court in Plano a few years back, and really enjoyed appearing before him.  The story of how he mediated one of his own cases is still one of my favorites – my current firm was opposite us, and Clyde and I had more fun that afternoon than I have ever had in a mediation.  One of our clients got sanctioned before the day was out, but you have to ask me for the story to find out which one.  It all ended happily with a grant of summary judgment, which is actually a second story dealing with the unappreciated benefits to defendants of limits on summary judgment. (No one ever asks for that one).

And I’m not even getting into the SpongeBob stories, conversing with witnesses in Korean at trial in Marshall, or the approach a former railroad lawyer takes when handling patent cases (which made so much sense it made my teeth hurt).  Don Bush has been one of my favorite lawyers for a long time, and we were fortunate to have him on the EDTX bench for 15 years managing a difficult docket in Plano. Glad to hear he’s still finding something useful to do with his time.